Terms of Service

These terms are an agreement between you and NEMAPP FINANCIAL ULC, doing business as Servio, 700 W Georgia St, Suite 2200, Vancouver, BC V7Y 1K8, Canada (“Servio”, “we”, “us”, “our”), and govern your access to and use of Servio. By creating an account, clicking to accept, or using any part of the service, you agree to them and to our Privacy Policy. If you are agreeing on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

If you do not agree, do not use Servio.

1. What Servio provides

Servio is sold as two products on one platform. You may use either or both.

Servio Business is software for local service businesses: a booking website, scheduling, customer records, estimates and invoices, payment collection, messaging and reporting.

Servio Restaurant is software for food businesses: point of sale, floor plans and table management, kitchen display, menu management, reservations and waitlist, online ordering, inventory, staff scheduling, guest records, reporting, and connections to third-party delivery marketplaces.

We add, change, and remove features over time. We will not remove a feature you are actively depending on without notice where we can reasonably avoid it, but the service is provided as it exists at the time you use it, not as it was described when you signed up.

2. Your account and your team

You are responsible for your login credentials and for all activity under your account, including activity by employees, contractors and any other person you give access to. This includes staff you add to Servio Restaurant with a PIN or a device login. Keep credentials secure, give accurate business information, and remove people promptly when they leave.

You must be at least the age of majority where you live, and legally able to enter contracts. You may not use Servio if we have previously terminated your account.

Role-based permissions, manager approvals and PIN gates are tools to help you run your business. They are not a guarantee against misuse by people you have given access to, and we are not responsible for the actions of your staff.

3. Fees, trials and billing

Paid plans are billed in advance on a recurring basis at the price shown when you subscribe. Free trials convert to a paid subscription at the end of the trial period unless you cancel first. Cancelling stops future renewals; it does not refund the period already paid for.

Prices may change. We will give you notice before a change affects a renewal. Fees are exclusive of taxes unless stated, and you are responsible for any sales, use, VAT, GST or similar taxes other than taxes on our income.

If a payment fails we may retry it, and we may suspend or downgrade your account if it remains unpaid. Your data is retained during a grace period described in section 13.

4. Payment processing

Servio is not a payment processor, a bank, or a money transmitter. Card and bank payments you take through Servio are processed by Stripe, Inc. and its affiliates under a connected account held in your name, subject to the Stripe Connected Account Agreement, which you enter into directly with Stripe. You are the merchant of record for every transaction you take.

Funds from your customers and guests settle to your connected account on Stripe’s payout schedule, not ours. We do not hold your money. We cannot release, expedite, reverse or recover a payout, and we cannot override a decision Stripe makes about your account, including a hold, a reserve or a termination.

Servio charges a platform fee on transactions processed through the service, disclosed in your plan. Stripe charges its own processing fees separately.

Card data. Servio never receives, transmits or stores full card numbers, expiry dates or security codes. Card details are captured by Stripe’s own hosted fields, SDKs and certified terminal hardware. Servio stores only non-sensitive descriptors such as the card brand and the last four digits as reported to us by the processor. You must not attempt to enter full card details into any free-text field in Servio, and you must not ask your staff to.

Chargebacks and disputes are between you, your customer and Stripe. You are responsible for the disputed amount and any associated fees. We will provide transaction records we hold to help you respond.

You are responsible for your payment activity. To the fullest extent the law allows, that means your transactions, your refunds, chargebacks and reversals, failed bank debits, the processing fees disclosed to you, fines or penalties attributable to what you sold or how you sold it, and the taxes on your own sales. It includes activity by your staff and by anyone you give access to.

Negative balances. A connected account can go negative — a chargeback landing on money already paid out, or a refund with nothing left to fund it. You agree to repay the full outstanding amount attributable to your business.

Reimbursing us. If Servio pays, or becomes legally obliged to pay, an amount that arises from your payment activity, you agree to reimburse us that amount, except to the extent it was caused by our own breach, negligence or wilful misconduct, or is an amount the law does not allow us to pass on. We will tell you in writing what was paid and why, with the records behind it. Undisputed amounts are due within ten days. You may raise a good-faith dispute about any amount claimed. Where the law and the payment network rules allow, we may set an amount properly owed against money otherwise payable to you, and we may use lawful means to recover the rest. Any separate debit of your bank account requires a valid authorisation from you.

Indemnity for payment activity. You agree to defend and indemnify Servio and its people against third-party claims, liabilities, penalties and reasonable legal costs arising from your transactions, your products and services, your customer relationships, fraud or unlawful conduct attributable to your business, chargebacks and refunds, a breach of the payment provider’s own agreement with you, or your breach of these terms. It does not apply to the extent the claim was caused by our negligence, wilful misconduct or breach, or where indemnity is prohibited by law.

Decisions we cannot make. Approval, reserves, payout timing, holds and the closure of a connected account are Stripe’s decisions, made under its agreement with you. We are not liable for a loss that arises solely from one of them, and we cannot overturn it.

These obligations outlive the account. Disconnecting Stripe, closing your Servio account, or being suspended does not cancel an obligation that arose before it. Nothing in this section removes liability that cannot lawfully be excluded, including our own breach, negligence or wilful misconduct, or limits a right given to you by law that cannot be waived.

Switching payments on. Before a connected account is created, we show you a plain-language summary of this section and record your acceptance of it: the version, the exact wording shown, the name of the person who accepted, the time, and the address it came from.

Cash. Cash handling, drawer counts, variances and cash refunds are recorded by Servio for your bookkeeping. The records are yours to verify; we do not audit them.

Gift cards, deposits, prepayments and house accounts create obligations from you to your customer. Escheatment, breakage and unclaimed-property law vary by jurisdiction and are your responsibility.

5. Tips and gratuities

Servio can record tips, suggest tip amounts, and calculate tip pools and tip-outs using rules you configure. Those calculations are arithmetic performed on your instructions. Tip ownership, tip credit, pooling eligibility and distribution are governed by employment law in your jurisdiction and are entirely your responsibility. Servio is not a payroll provider and does not advise on wage and hour law.

6. Tax calculation

Servio applies the tax rates you configure to the checks you ring up. We do not determine what rate applies to you, we do not track rate changes on your behalf, and we do not file or remit tax. Verify your rates with your accountant or tax authority. The totals Servio produces are a record of what you charged, not advice that you charged correctly.

7. Food information, allergens and safety

This section matters more than any other in this document for restaurant customers.

You are solely responsible for the accuracy of all food information you publish through Servio, including allergen declarations, dietary labels such as vegan or gluten-free, ingredient lists, calorie and nutrition figures, and preparation descriptions.

Servio does not infer, guess, generate or verify allergen information. Where Servio offers drafting assistance, it will not draft allergens or nutrition figures, and any item with no allergens declared is displayed as not declared rather than as free from allergens. An absence of information in Servio never means an absence of an allergen.

You are responsible for cross-contamination, kitchen practice, menu labelling law, and for keeping information current when a recipe or supplier changes. Food safety checklists and temperature logs in Servio are a record-keeping convenience; they do not constitute a food safety management system, HACCP plan, or compliance with any regulation.

8. Third-party integrations

Servio connects to services operated by other companies, including Stripe, delivery marketplaces such as Uber Eats and DoorDash, reservation platforms, accounting tools, messaging providers and hardware manufacturers. Those services are governed by their own terms and are outside our control.

A connection may stop working at any time because a provider changes an API, revokes access, or declines to approve your account. We do not guarantee that any integration is available, will remain available, or will be approved for you. Where a provider requires its own authorisation, nothing in Servio takes effect until that authorisation actually succeeds.

Menu publishing to a marketplace replaces the menu held by that marketplace. Where Servio can publish on your behalf, it will do so only after you have enabled the connection and confirmed that warning. You are responsible for what is published and for the prices shown on each channel.

Commissions, delivery fees, courier behaviour, marketplace payouts and marketplace customer service are between you and that provider.

9. Your content and your data

You keep all rights to the content you put into Servio: your menus, photographs, customer and guest records, recipes, pricing and business records. You grant us a limited licence to host, copy, transmit, display and process it strictly to provide and support the service, to keep backups, and to protect the security of the platform.

You confirm you have the right to upload what you upload, including photographs and any personal information about your customers, guests and staff, and that doing so does not infringe anyone’s rights or breach data protection law.

We may create and use aggregated, de-identified statistics derived from use of the service. These never identify you, your business, your staff or your guests, and we do not sell your customer lists.

10. Messaging and marketing

If you use Servio to send email or SMS to your customers or guests, you are the sender. You are responsible for consent, for honouring opt-outs promptly, and for compliance with the applicable law in each recipient’s jurisdiction, including CAN-SPAM, CASL, the TCPA, 10DLC registration requirements, and GDPR or UK GDPR where relevant. We may suspend messaging that generates complaints or appears to breach these rules.

11. Acceptable use

You may not use Servio to: break the law; process payments for goods or services you are not lawfully entitled to sell; misrepresent what you are selling; store full payment card data; probe, scan or test the security of the platform without written permission; interfere with other customers’ use; scrape or bulk-extract data you do not own; resell or white-label the service without an agreement; or build a competing product from our software.

You may not use automated means to access the service except through an API we document and you are authorised to use, and subject to any rate limits we set.

12. Availability, offline mode and hardware

We work hard to keep Servio available but do not promise uninterrupted service, and we do not offer a service level guarantee on standard plans. Maintenance, provider outages and incidents happen.

Where Servio supports working offline, it is a best-effort convenience for continuing to take orders during a network drop. Payment authorisation requires connectivity. Data captured offline synchronises when the device reconnects; conflicts are resolved on a defined basis and, in rare cases, may require manual correction. Do not rely on offline mode as a substitute for a working network.

Receipt printers, cash drawers, scanners, card terminals, tablets and other hardware are manufactured and warranted by third parties. We are not responsible for hardware failure, firmware, pairing problems, or the consequences of a device going offline mid-service.

13. Suspension, termination and your data afterwards

You may cancel at any time from your account settings. We may suspend or terminate your access if you breach these terms, if payment fails and remains unresolved, if we are required to by law, or if your use puts the platform or other customers at risk. Where it is reasonable to do so, we will tell you first.

After termination you may export your data for 30 days. After that we delete or de-identify it on our normal schedule, except where we must keep records for legal, tax, accounting or fraud-prevention reasons, and except for backups which age out on their own cycle.

14. Warranties and disclaimers

Servio is provided as is and as available. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the service will be error-free, that defects will be corrected, or that reports, forecasts or AI-generated suggestions will be accurate.

AI features. Where Servio drafts text, suggests a figure, or summarises your data, the output is a draft for you to review, not a decision and not advice. It can be wrong. You remain responsible for anything you publish, charge, serve or send.

Nothing in Servio is legal, tax, accounting, employment, insurance or food safety advice.

15. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data or business interruption, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these terms or the service is limited to the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow certain exclusions. Where that applies, the exclusions apply to the maximum extent permitted and nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

16. Indemnity

You will defend, indemnify and hold harmless Servio, its affiliates, and their officers, directors and employees from any claim, demand, loss, liability or expense (including reasonable legal fees) arising from your use of the service, your content, food you serve, information you publish including allergen information, messages you send, your staff’s conduct, your breach of these terms, or your violation of any law or third-party right.

17. Changes to these terms

We may update these terms. For material changes we will give reasonable notice, by email or in the product, before they take effect. Continuing to use Servio after the effective date means you accept the updated terms. If you do not accept them, stop using the service and cancel.

18. Governing law and disputes

These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts of British Columbia have exclusive jurisdiction, and both parties submit to that jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

If you are a consumer in a jurisdiction whose law gives you a mandatory right to bring proceedings locally, this clause does not remove that right.

19. General

These terms, together with the Privacy Policy and any order form or plan description, are the entire agreement between us and supersede earlier agreements on the same subject. If a provision is held unenforceable, the rest stays in force. A failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Sections 4, 7, 9, 13, 14, 15, 16, 18 and 19 survive termination.

20. Contact

NEMAPP FINANCIAL ULC, 700 W Georgia St, Suite 2200, Vancouver, BC V7Y 1K8, Canada. Business number 702368317. Email support@servio.app.